United States v. Chucky L. Wanton, No. 06-3502 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal Case - Anders. 135-month sentence for distributing more than 50 grams of cocaine was not unreasonable, as district court properly considered factors and sentence was at the bottom of Guidelines range.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3502 ___________ United States of America, Appellee, v. Chucky L. Wanton, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: September 27, 2007 Filed: October 18, 2007 ___________ Before BYE, RILEY, and MELLOY, Circuit Judges. ___________ PER CURIAM. Chucky L. Wanton appeals the 135-month prison sentence the district court1 imposed after he pleaded guilty to distributing more than 50 grams of crack cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii). In a brief filed under Anders v. California, 386 U.S. 738 (1967), Wanton s counsel seeks to withdraw and questions the sentence s reasonableness. 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. We conclude that Wanton s sentence--at the bottom of the applicable Guidelines range, and imposed following proper consideration of the 18 U.S.C. § 3553(a) factors--is not unreasonable. See Rita v. United States, 127 S. Ct. 2456, 2467-68 (2007) (allowing appellate presumption of reasonableness for sentences within Guidelines range); United States v. Booker, 543 U.S. 220, 261 (2005) (appellate courts review sentences for unreasonableness using § 3553(a) as guide). After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________ -2-
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